The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal asserts that with respect to the punishment of the community service order of 2 years of suspended execution and 160 hours of imprisonment sentenced by the court below in October, the prosecutor asserts that the punishment of the community service order is unreasonable because it is excessively unfluened in light of all the sentencing conditions, the seriousness of the case, and

2. According to the records and arguments in this case, it is recognized that B raised funds for the operation of the game room as stated in the judgment of the court below, and the defendant collected money which B invested in the game room when profits occur while running the game room exclusively, and thereafter, B operated the game room under an agreement that B would distribute profits, and as for B, it is recognized that the judgment ordering a probation of 10 months in imprisonment with prison labor and 120 hours in social service is finalized.

In this case, if B and the Defendant only participated in the operation of the game room as stated in the judgment of the court below, the sentence of the court below cannot be deemed to be too weak.

On the other hand, according to the records, the defendant was sentenced to a two-year suspended sentence for the same crime on January 14, 2009, and the above judgment became final and conclusive. The crime of this case was committed during the suspended execution period, and the defendant was under the arrest of the suspect before the arrest while being investigated into the crime of this case, and was present at the investigation agency after the suspended execution period, and was investigated.

In addition, in addition to these circumstances, the prosecutor's appeal is justified, since the sentence of two-year suspended sentence is somewhat unfortunate in ten months of imprisonment sentenced by the court below, and thus, the prosecutor's appeal is justified.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

(b).